Legal Opinion

Eichman v. Hersker

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 301PublishedCited by 23 opinions

Appeal, No. 301, Jan. T., 1895, by-defendant, from judgment of C. P. Schuylkill Co., May T., 1886, No. 12, on verdict for plaintiff. Assumpsit to recover assessment on policy No. 628. Before Pershing, P. J. This case and the next succeeding case were tried together by the court without a jury under the act of April 22, 1874, P. L. 109. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 301, Jan. T., 1895, by-defendant, from judgment of C. P. Schuylkill Co., May T., 1886, No. 12, on verdict for plaintiff. Assumpsit to recover assessment on policy No. 628. Before Pershing, P. J. This case and the next succeeding case were tried together by the court without a jury under the act of April 22, 1874, P. L. 109. The facts appear by the opinion of the Supreme Court. The court entered judgment in favor of plaintiff in this case for $547.22, and in the next succeeding case for $497.46. Exceptions to the judge’s findings of fact and conclusion of law were overruled. Errors…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

On June 8, 1874, John Eichman, now the plqintiff, receiver, and ten other citizens of Schuylkill county, secured a charter for the North Schuylkill Mutual Fire Insurance Company of Mahanoy City. They at once organized the company and commenced to solicit insurance, appointing Carl Scheuerman general agent; he, on 15th of July, 1874, called on the defendant, John Hersker, and urged him to take out a policy, representing the company was doing a prosperous business and had then issued about five hundred and twenty-five policies; Hersker made application for a $2,000…

2Cases cited5 opinions

  1. Dettra v. KestnerSupreme Court of Pennsylvania · 1892
  2. Bradlee & Co. v. Whitney & KemmererSupreme Court of Pennsylvania · 1885
  3. Smith v. BellSupreme Court of Pennsylvania · 1884
  4. Orr v. Mercer County Mutual Fire InsuranceSupreme Court of Pennsylvania · 1886
  5. Southern Maryland R. v. MoyerSupreme Court of Pennsylvania · 1889

3Cited by23 opinions

  1. Cook v. CarpenterSupreme Court of Pennsylvania · 1905
  2. Meitner v. ScarboroughSupreme Court of Pennsylvania · 1936
  3. Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
  4. Langworthy v. GardingSupreme Court of Minnesota · 1898
  5. Richardson v. McCloskeyCourt of Appeals of Texas · 1924

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